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  #1  
Old 05-04-2009, 9:10 PM
Paindoc Paindoc is offline
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Default Intra-familial transfer from out of state

I have read the extensive posts on this subject by Hoffmang and Librarian. It appears that my mother can legally gift an off-roster handgun to me. It appears that the transfer must utilize a FFL to satisfy Federal law due to interstate transfer. It is stated that the California FFL uses an "override" in the DROS recording software to note the "12078PC intrafamily transfer" exemption from rostering. I then have 30 days to file form and pay fee of $19 with DOJ.

Help me with the mechanics. Does my mother have to hand the gun to an FFL to ship to an FFL here? Or can she ship the gun directly to an FFL here? Does she have to come here and give me the gun? DROS form includes " Seller" ID entry with card-swipe machine for PPT, but I don't believe this is considered a PPT transfer.

Can someone detail the exact steps needed to do this gift transfer? Mom is 86 so time is of the essence!

Tom
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Old 05-05-2009, 4:06 AM
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halifax halifax is offline
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Quote:
Originally Posted by Paindoc View Post
I have read the extensive posts on this subject by Hoffmang and Librarian. It appears that my mother can legally gift an off-roster handgun to me. It appears that the transfer must utilize a FFL to satisfy Federal law due to interstate transfer. It is stated that the California FFL uses an "override" in the DROS recording software to note the "12078PC intrafamily transfer" exemption from rostering. I then have 30 days to file form and pay fee of $19 with DOJ.

Help me with the mechanics. Does my mother have to hand the gun to an FFL to ship to an FFL here? Or can she ship the gun directly to an FFL here? Does she have to come here and give me the gun? DROS form includes " Seller" ID entry with card-swipe machine for PPT, but I don't believe this is considered a PPT transfer.

Can someone detail the exact steps needed to do this gift transfer? Mom is 86 so time is of the essence!

Tom
Good on you for doing the research. However, you have a few points confused between an in-state CA Intrafamilial transfer and an out-of-state one.


Both parties in CA:

Handgun is transferred by hand to the eligible* family member using the REPORT OF OPERATION OF LAW OR INTRA-FAMILIAL HANDGUN TRANSACTION form with a payment of $19. (HSC required by law for the recipient.) Done deal with no FFL.


Between an out-of-state resident and eligible CA resident:

Non-rostered/non-AW handguns may be gifted/given to an eligible CA relative via a CA FFL.

Contact a local FFL first to be certain they are willing and able to do this SB15 exempt type of transfer and find out how much it will cost since the dealer is not restricted on the fees he/she can charge. Follow the dealers instructions.

The dealer may or may not accept a shipment directly from your mother. If not, your mother would need to use an FFL to ship the handgun. Either way, your mother should include a letter stating that the handgun is a gift to you.

Once the handgun is at your dealer's business, you will need to DROS the firearm as SB15 exempt and wait 10 days. An HSC (or exemption) will be required.

Good luck and remember no magazines > 10 rounds may be transferred in either type of these transactions.

*eligible means parent/grandparent/child/grandchild


Here is a sticky about it.
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Last edited by halifax; 05-05-2009 at 5:01 AM.. Reason: added sticky link
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Old 05-09-2009, 7:25 PM
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glockwise2000 glockwise2000 is offline
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